See also: Property Maintenance Code, Chapter 5, Part 5.
[Adoptedx Ord. 2000-1, 2/9/2000, § 1]
Every owner of a residential or commercial rental unit or units
must file a list of all tenants and their addresses with the Tax Collector's
office on or before January 15th of each year and thereafter file
a letter of notification within 30 days of any change occurring in
occupancy from the initial list submitted.
[Adoptedx Ord. 2000-1, 2/9/2000, § 2]
Each owner or manager of a residential or commercial rental
unit or units who fails to submit such a list or lists set forth above
shall, upon conviction in a summary proceeding, be liable to a fine
not exceeding $100 for each and every day that such a person is in
violation of providing such a list on the date that it is due, it
being the intent of this Part that such failure to file such list
on its due date be a continuing violation that will not end until
the day when such list(s) are ultimately filed.
[Adoptedx Ord. 2007-2, 12/12/2007, § 1]
1.
This Part shall be known as the "Kingston Township Rental Inspection
Ordinance."
2.
The Township of Kingston has experienced problems with the maintenance
of nonowner-occupied residential properties from time to time. The
health, life, safety and welfare of occupants of these non-owner-occupied
premises within the Township of Kingston is a great concern. The purpose
of this Part is to enhance the safety of non-owner-occupied premises,
structures and properties by a system of inspection(s), which focuses
upon compliance with basic property maintenance code(s).
[Adoptedx Ord. 2007-2, 12/12/2007, § 2]
As used in this Part, the following terms have the following
meaning indicated, unless a different meaning clearly appears from
the context:
Any property maintenance code, as the same may be amended
from time to time, and as adopted or enacted by an Ordinance of the
Township of Kingston.[1]
Any person, copartnership, association, corporation or fiduciary
having legal or equitable title, or any right, title or interest in
any real property. Whenever used in any clause herein, the term "owner,"
as applied to copartnerships and associations, shall mean the partners
or members thereof, and as applied to corporations, the officers thereof.
Any structurally enclosed area or space including or intended
to be used as living space, quarters, or unit for one or more persons.
A residential unit occupied by a person or persons other
than the owner.
All housing units owned and occupied or managed by a public
housing authority under contract with any local, county, state or
federal housing agency. "Public housing unit" does not include Section
8 or other equivalent program(s).
Any thing that is built or constructed upon real property
or a portion thereof.
[Adoptedx Ord. 2007-2, 12/12/2007, § 3]
No residential unit shall be occupied by other than the owner
thereof unless a certificate of occupancy is issued, following inspection
thereof, and maintained on file by the owner or the owner's designated
agent, as required by the provisions of this Part.
[Adoptedx Ord. 2007-2, 12/12/2007, § 4]
Residential units and residential rental units/regulated dwelling
units shall be subject to inspection in accordance with the provisions
of this Part.
A.
Purpose. Inspections required by this Part shall be for the purpose
of determining compliance with all of the terms and provisions of
the International Property Maintenance Code, as amended from time
to time, and as adopted by the Township of Kingston by ordinance and
in full force and legal effect in the Township of Kingston at the
time of any inspection required by this Part.
B.
Permitted Inspectors. Inspections required by this Part shall be
conducted by the Code Enforcement Officer of the Township of Kingston
or by any other person(s) specifically empowered to conduct such inspections
by the Board of Supervisors of the Township of Kingston.
C.
Timing of Inspections.
(1)
In respect of any residential unit or any regulated rental unit/regulated
dwelling unit, unoccupied by the owner on or after the effective date
hereof, a certificate of occupancy shall be issued, following an inspection,
and maintained on file by the owner and the Township of Kingston prior
to occupancy of such residential unit or regulated rental unit/regulated
dwelling unit by any person or persons other than the owner.
(2)
Any property or premises, which has been inspected hereunder
and for which a certificate of occupancy has been previously issued,
and thereafter becomes vacant for any period of time must be reinspected,
and a certificate of occupancy must be reissued prior to occupancy
by any person or persons as a residential unit or regulated rental
unit/regulated dwelling unit.
(3)
A residential unit or regulated rental unit/regulated dwelling
unit, which is subject to the inspection requirements of this Part,
shall be required to be reinspected 24 months after the initial inspection
and reinspected every 24 months thereafter, and a new certificate
of occupancy shall be issued thereafter, based upon such reinspection(s).
(4)
Upon the transfer of title to a new owner, no residential unit
or regulated rental unit/regulated dwelling unit shall be occupied,
in whole or in part, until an inspection of the premises or structure
and a certificate of occupancy is issued hereunder. All transfers
of title, by whatever means, of a residential unit or regulated rental
unit/regulated dwelling unit or any property, premises, or structure
intended to be used thereafter as a rental residential unit or regulated
rental unit/regulated dwelling unit shall be occupied, in whole or
in part, only following an inspection thereof and the issuance of
a certificate of occupancy in accordance with the terms of this Part.
Any transfer of title to a new owner of such premises or property
or structure shall be reported to the Code Enforcement Officer of
the Township of Kingston within 60 days upon transfer of the title
to any new owner.
[Adoptedx Ord. 2007-2, 12/12/2007, § 5]
1.
A public housing unit is exempt from the terms and conditions of
this Part, provided that:
A.
The housing units owned and operated or managed by a public housing
authority are required to be inspected at least annually to ensure
compliance with HUD's Housing Quality Standards, 24 CFR Part
882, as the same may be amended from time to time, and so long as
said standards are comparable to the International Property Maintenance
Code in force and of legal effect and as adopted by the Township of
Kingston by Ordinance;
B.
The inspections are conducted by authorized representatives of HUD,
the public housing authority, or its duly authorized agent; and
C.
The inspection reports are available for inspection by the Code Enforcement
Officer of the Township of Kingston, and a list of the properties
so inspected is filed with the Code Enforcement Officer of the Township
of Kingston annually.
2.
Nothing contained in this exception or exemption shall be deemed
to exclude such premises, structures or properties from being subject
to any of the property maintenance codes then in full force and of
legal effect in the Township of Kingston.
[Adoptedx Ord. 2007-2, 12/12/2007, § 6]
1.
General Provision. Upon completion of an inspection, and that there
is proof produced that all applicable real estate taxes are paid and
current, and that there are no determined and specified violations
of the Code(s), as in effect on the date of the inspection, or that
any such violations have been corrected in accordance with said codes,
the Code Enforcement Officer of the Township of Kingston shall issue
a certificate of occupancy for the structure, premises or property
in respect to each individual residential unit or regulated dwelling
unit therein, that was inspected and listed specifically upon said
certificate of occupancy. The certificate of occupancy shall be kept
in the file of the owner or designated agent of the owner and made
available to the Code Enforcement Officer upon request and, further,
the same shall be made available to any rental occupant upon written
request made to the owner or owner's authorized agent.
2.
Form of Proof of Inspection. Proof of inspection and absence of any
violations of the Code(s) shall be in such form, as approved from
time to time, by the Code Enforcement Officer of the Township of Kingston.
3.
Report of Inspection Appeals. A report of inspection, which indicates
any violation of any Code(s), shall be provided by written notice
to the owner within 15 days of the date of inspection. Any appeals
from the report of inspection shall be filed and adjudicated in the
manner provided for in this Part.
4.
Multi-Unit Structures. The units within a structure, which are in
compliance with the Code(s), may continue to be occupied, if such
other units in any portion(s) of the structure do not apply to this
Part, because they are owner-occupied, or have they passed inspection.
If any unit in a multi-unit structure, however, creates a foreseeable
hazard to the health, life and safety to the persons occupying such
other units in compliance, such other units must be vacated.
5.
Compliance with Code(s). The issuance of a certificate of occupancy
does not relieve the owner from complying with all terms and provisions
of all of the real property codes, as the same exist and are in full
force and of legal effect at the time in the Township of Kingston.
[Adoptedx Ord. 2007-2, 12/12/2007, § 7]
1.
Newspaper Advertisement. The Code Enforcement Officer of the Township
of Kingston shall each year cause notice to be published in a newspaper
of general circulation within the Township of Kingston. The notice
shall set forth that the Township of Kingston requires, pursuant to
its Rental Inspection Ordinance, the inspection of residential units/regulated
rental units/regulated dwelling units before the same can become occupied
by any person(s) other than the owner, and the place(s) in the Township
of Kingston where a copy of this Part may be obtained.
2.
Written notice must be given by the Code Enforcement Officer to the
property owner or the authorized agent of the owner prior to any inspection.
The property owner or agent shall provide the rental occupant(s) with
reasonable notice of the inspection and provide proof of such rental
occupant(s)'s notice to the Code Enforcement Officer.
[Adoptedx Ord. 2007-2, 12/12/2007, § 8]
The owner of any residential units/regulated rental units/regulated
dwelling units, which is subject to the inspection requirements of
this Part, shall be responsible for compliance with the provisions
of this Part. All owners of residential units and regulated rental
units/regulated dwelling units, who do not reside in the Township
of Kingston, Luzerne County, Pennsylvania, shall designate, in writing,
an authorized agent residing in or maintaining an office in the County
of Luzerne, Pennsylvania, who shall be responsible for receiving all
notices issued by the Township of Kingston pertaining to such rental
premises, structures or properties. The owner shall also provide,
in writing, the business address and telephone number of the person
or entity that the owner designates as the authorized agent of the
owner.
[Adoptedx Ord. 2007-2, 12/12/2007, § 9]
All residential units and regulated rental units/regulated dwelling
units, which are subject to the inspection requirements of this Part,
shall be inspected by the Code Enforcement Officer of the Township
of Kingston to determine compliance with the International Property
Maintenance Code, as amended from time to time, and as adopted by
the Township of Kingston by ordinance and, further, as contained in
the Code of Ordinances of the Township of Kingston relating to all
matters pertaining to zoning of real property and structures.
[Adoptedx Ord. 2007-2, 12/12/2007, § 10]
1.
General. The Code Enforcement Officer may initiate violation proceedings
against an owner that may result in a formal warning, nonrenewal,
suspension or revocation of the owner's certificate of occupancy
for the violation of any provision of this Part that imposes a duty
upon the owner and/or for failing to regulate any action(s) by any
occupants in violation of the provisions of this Part, as stated herein,
subject, however, to the right to appeal, as provided in this Part.
A.
In order to obtain or retain a certificate of occupancy, the property,
structure, or premises of the owner, qualifying hereunder, must comply
with the minimum general standards mandated by the International Property
Maintenance Code of the Township of Kingston, as amended from time
to time, and particularly, the following minimum standards:
(1)
Interior and exterior sanitary conditions.
(2)
Infestation and rodent harborage.
(3)
Structural numbers and foundation walls.
(4)
Plumbing/water system(s).
(5)
Heating/mechanical systems and ventilation systems.
(6)
Electrical system hazards.
(7)
Smoke detection system(s).
(8)
Fire escape routes.
(9)
Over occupancy.
(10)
A working smoke detector on each floor level, including basement
and accessible attics.
(11)
A working smoke detector must be located in each room used for
sleeping purposes.
(12)
A working smoke detector located within 10 feet of each sleeping
area and mounted 18 inches from the wall or ceiling.
(13)
A fire extinguisher visibly mounted in the kitchen area near
the point of egress from the structure. The fire extinguisher must
be of a minimum size (2 1/2 pounds), dry chemical, ABC Type UL
approved.
(14)
All closets with incandescent bulbs over shelves shall be protected
with permanent covers over the bulbs.
(15)
An existing acceptable sixty-ampere service or greater with
three-wire service.
(16)
Electrical service panels shall be legibly and durably marked
to indicate their purpose.
(17)
All kitchens, bathrooms, powder rooms, laundry rooms, garages
within six feet of a water source and all exterior outlets must be
protected with a ground fault circuit interrupter receptacle (GFCI).
(18)
Every habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. All junction boxes, switches
and outlets must have covers.
(19)
A three-way switch at top and bottom of stairs leading to habitable
rooms.
(20)
All multi-electric ranges must be installed with a wall mounted
plug-in receptacle connection at the rear of the range.
(21)
All gas ranges must be supplied with shut-off valves installed
behind the range (hand-turn type).
(22)
All interior gas lines must be marked every six feet with four-inch-wide
yellow markings from point of entry to each appliance using gas.
(23)
Minimum plumbing facilities and fixtures must be provided and
be in good working order with no leaking pipes or faucets.
(24)
Adequate heating facilities.
(25)
All properties must have four-inch numbers outside the property
in clear view of the street designating the correct street number
of the property.
(26)
The property must be in a clean, safe and sanitary condition,
both interior and exterior.
(27)
All exterior wood must be free of flaking and peeling paint.
(28)
All exterior window caulking must be in good repair, no broken
glass with sharp edges or holes are permitted.
(29)
Handrails are required for stairs with four or more risers at
any location (except Bilco-type stairs to basement) and any landing
over 30 inches high.
(30)
Oil tank fill pipes to be two-inch black iron and one-and-one-half-inch
black iron vent pipes (no copper or PVC).
(31)
All potable or heating sources must have pressure/temperature
relief valves and hard piping of 3/4 inch in size pipe to six inches
of floor.
(32)
An emergency shut-off switch for oil heating units to be mounted
in stairway and marked in red.
(33)
A sump pump may not be connected to the public sewer line, but
it must be connected to a GFCI outlet.
(34)
A responsible adult must accompany the Code Enforcement Officer
on all inspections of all premises, structures or properties.
(35)
Code Enforcement Officers are not responsible to open locked
boxes and perform inspections without being accompanied by the owner
or the owner's authorized agent.
(36)
A carbon monoxide detector 110 volts AC with battery back-up
detector, must be properly installed in each residential unit/regulated
residential unit/regulated dwelling unit.
2.
Definition of code Enforcement Officer's Determinations of Inspections:
A.
Denial. The violations found at the time of the inspection would
render the property unsafe.
B.
Formal Warning. Formal written notification of at least one violation
of this Part. Upon satisfactory subsequent reinspection, compliance
with this Part and any condition imposed by the Code Enforcement Officer,
the formal warning shall be removed at the time that the owner applies
for the initial certificate of occupancy or any renewal thereof or
at an earlier time as ordered by the Code Enforcement Officer.
C.
Nonrenewal. The denial of the right to apply for certificate of occupancy
renewal after expiration of the term of a subsisting and current certificate
of occupancy. The Township of Kingston will permit the owner to maintain
occupants in a premises until the end of the term of the certificate
of occupancy, unless the premises, structures or property are unfit
for habitation. The Code Enforcement Officer will not accept applications
for renewal of the certificate of occupancy until the premises, structure
or property passes a reinspection by the Code Enforcement Officer.
D.
Suspension. The immediate loss of the right to rent residential units
or regulated residential units/regulated dwelling units for a period
of time established by the Code Enforcement Officer. The owner, after
expiration of the suspension period, may apply for renewal of the
certificate of occupancy, following a reinspection of the property,
premises, or structure, which determines that the premises are in
full compliance with the provisions of this Part. Upon suspension,
the owner shall take immediate steps to evict and remove all of the
rental occupants from the premises, property, or structure.
E.
Revocation. The immediate loss of the right to rent residential units
and regulated residential units/regulated dwelling units for a period
of time established by the Code Enforcement Officer and which may
result in the loss of the right of the owner to apply for renewal
of a certificate of occupancy at any time. Upon revocation, the owner
shall take immediate steps to evict and remove all of the rental occupants
from the premises, property, or structure.
3.
Standards for Determination of Existence of Violations. The Code
Enforcement Officer shall consider one or more following matters when
determining the existence of violations for noncompliance with the
terms and provisions of this Part and the Township of Kingston property
maintenance Code(s):
A.
The impact of the violation on the health, life, safety, and welfare
of the occupant(s) of the residential unit or regulated residential
unit/regulated dwelling unit and other residents of the structure,
property, or premises.
B.
The impact of the violation upon the immediate neighborhood of the
premises, structure or property.
C.
Whether the owner has prior violations of this Part or other real
property ordinances of the Township of Kingston or has received notices
of such violations, as provided for in this Part.
D.
Whether the owner has been subject to disciplinary proceedings under
this Part.
E.
The effect of disciplinary action of violations upon the occupants.
F.
The action taken by the owner to remedy identified violation(s) and
to prevent future violations, including any written plan of remediation
required to be submitted by the owner to the Code Enforcement Officer.
G.
The policies, provisions, and terms of the lease agreement employed
by the owner to manage the property or premises or structure to enable
the owner to comply with the provisions of this Part.
H.
In addition to applying those specific violations as set forth above,
the Code Enforcement Officer may impose upon the existing or subsequent
certificates of occupancy conditions relating to fulfilling strictly
the terms, provisions and legislative purpose of this Part.
4.
Grounds for Imposing Violations. Any of the following matters may
subject an owner to violations hereunder:
A.
Failure to abate a violation(s) of this Part applicable to the property,
structure, or premises within the time directed by the Code Enforcement
Officers;
B.
Refusal to allow an inspection of the property, structure, or premises
by the Code Enforcement Officer, as provided for in this Part;
C.
Failure, deliberately or negligently, by occupants of the residential
units or regulated residential units/regulated dwelling units to prevent
violations of this Part; or
D.
Violations of this Part or other ordinances of the Township of Kingston
that apply to residential real property, structure, or premises within
the term of existence of a certificate of occupancy. For purposes
of this Part, there need be no criminal conviction before a violation(s)
can be found to exist.
5.
Procedure for Denial, Nonrenewal, Suspension or Revocation of Certificate
of Occupancy. Following a determination by the Code Enforcement Officer
for the grounds of denial, nonrenewal, suspension or revocation of
a certificate of occupancy exist, the Code Enforcement Officer shall
notify the owner of the action to be taken and the reason(s) therefor.
Such notification shall be in writing, addressed to the owner and/or
the authorized agent of the owner and sent by certified mail, return
receipt requested, and by regular United States Postal Service mail,
and it shall contain the following information:
A.
The address of the property, structure, or premises in question and
the specific identification of the particular residential unit or
regulated residential unit/regulated dwelling unit affected;
B.
The description of the violation(s) of this Part which has/have been
found to exist;
C.
A statement that the certificate of occupancy for said residential
unit or regulated residential unit/regulated dwelling unit shall be
either suspended or revoked, or it will not be renewed for a subsequent
term following the term for which an existing certificate of occupancy
has been issued or that the owner will receive a formal warning. In
the case of a suspension or revocation, the notice shall state the
date upon which such suspension or revocation will commence, and in
the case of the suspension, it shall state the duration of said suspension;
D.
A statement that, due to the denial, nonrenewal, suspension or revocation,
as the case may be, the owner or any person authorized to act on behalf
of the owner is prohibited from renting, letting or permitting occupancy
of the residential unit or regulated residential unit/regulated dwelling
unit, subject to said enforcement action, from and during the period
said suspension or revocation action is in effect; and
E.
A statement informing the owner that said owner has the right to appeal the decision denying, suspending, revoking or declining to maintain or renew the certificate of occupancy to the Kingston Township Board of Appeals established by Kingston Township Ordinance No. 2004-3, enacted on June 7, 2004, and to become, upon the effective date hereof, Chapter 5, Part 10, § 1001, et seq., of the Code of Ordinances of the Township of Kingston.
[Adoptedx Ord. 2007-2, 12/12/2007, § 11]
1.
Any person aggrieved by any notice, which has been issued in connection
with the enforcement of any provision of this Part, or any rule or
regulation adopted pursuant thereto, may request and shall be granted
a hearing on the matter before the Board of Appeals of the Township
of Kingston, as created and existing pursuant to Kingston Township
Ordinance No. 2004-3, etc., above. Such person must file in the office
of the Secretary of the Board of Appeals a written petition requesting
such hearing and setting forth a brief statement of the grounds therefor,
the reason(s) alleged as to why the determination of the Code Enforcement
Officer is incorrect or should be overturned. The appeal must be filed
within 10 days after the notice of the Code Enforcement Officer has
been served upon the person by written notice. It must be served upon
the Secretary of the Board of Appeals by certified mail, return receipt
requested, and regular USPS mail. There is imposed hereby a fee of
$25 for filing such appeals or such appeal fee as may, from time to
time, be imposed by the ordinances of the Township of Kingston. At
such hearing, the petitioner shall be given an opportunity to be heard
and to show why such notice should be revised, modified or withdrawn.
The hearing shall be held no later than 20 days after the date upon
which the petition was filed. Upon application of the petitioner,
the Board of Appeals may postpone the date of the hearing for a reasonable
time beyond such twenty-day period, if good and sufficient reason
for such temporary postponement is warranted; all in the sole discretion
of the Board of Appeals.
2.
The hearing shall be held in accordance with the procedures appertaining
to the Board of Appeals as ordinarily, reasonably, and customarily
are applied by the Board of Appeals.
3.
After such hearing, the Board shall sustain, modify or withdraw the
notice, depending upon its findings as to whether the provisions of
this Part and of the rules and regulations adopted pursuant thereto
have been complied with. If the Board of Appeals sustains or modifies
such notice, it shall be deemed to be an order. Any notice served
pursuant hereto shall automatically become an order in the event that
a written petition for a hearing is not filed in the office of the
Secretary of the Board of Appeals within 10 days after such notice
of the Code Enforcement Officer is served. After hearing in the case
of any notice of suspension of any certificate of occupancy required
by this statute or by any rule or regulation adopted pursuant thereto,
on the date such notice of suspension has been sustained by the Board
of Appeals, the certificate of occupancy shall be deemed to have been
suspended. Any certificate of occupancy, which has been suspended
by a notice, shall be deemed to be automatically suspended if a petition
for hearing is not filed in the office of the Secretary of the Board
of Appeals within 10 days after such notice of the Code Enforcement
Officer is served. The proceedings of such hearing, including the
findings and decision of the Board of Appeals, shall be set forth,
reduced to writing, and entered as a matter of public record in the
office of Secretary of the Board of Appeals. Such record shall also
include a copy of every notice or order issued in connection with
the matter. Any person aggrieved by any decision of the Board of Appeals
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the Commonwealth of Pennsylvania.
4.
Whenever the Code Enforcement Officer finds that an emergency exists
which requires immediate action to protect the public health, safety,
life, and welfare, the Code Enforcement Officer may, without notice
of hearing, issue an order stating the existence of such an emergency
and requiring that such action be taken, as may be deemed necessary,
in order to meet the particular needs of the emergency. Notwithstanding
any other article contained herein, such order shall become effective
immediately. Any person to whom such order is directed shall comply
therewith immediately, but, upon the filing of a petition to the Board
of Appeals, as provided in § 211.1 hereof, within 48 hours
of notice of the emergency action, such person shall be afforded a
hearing as soon as possible. After such hearing, depending upon its
findings as to whether the provisions of this article of this Part,
and the rules and regulations adopted pursuant thereto have been complied
with, the Board of Appeals will continue such order in effect or modify
it or revoke it.
[Adoptedx Ord. 2007-2, 12/12/2007, § 12]
1.
The Board of Appeals created by Kingston Township Ordinance 2004-3, enacted on June 7, 2004, Chapter 5, Part 10, of the Code of Ordinances of the Township of Kingston, shall have exclusive jurisdiction to act as the adjudicator of all appeals arising out of the enforcement of this Part, in addition to such other powers, duties, and jurisdiction vested in it now or hereafter by the Township of Kingston. It shall have sole and exclusive jurisdiction to hear, try, adjudicate and determine all appeals arising out of the operation, enforcement, and implementation of this Part.
2.
The appeal and variance procedure contained in any ordinance of the
Township of Kingston relating to zoning shall not be available as
a legal remedy to the owner, the authorized agent of the owner, the
occupant, or any other person(s), by reason of ownership or occupancy
of a residential unit or regulated residential unit/regulated dwelling
unit, as defined herein.
[Adoptedx Ord. 2007-2, 12/12/2007, § 13]
An owner of a residential unit or regulated rental units/regulated
dwelling units, who has been determined to have violated or has permitted
the violation of this Part shall be deemed to have committed a summary
offense and, upon conviction thereof, shall be sentenced to pay a
fine of $600 and all costs of prosecution. In the event that the fine
and costs of prosecution are not paid, the Township of Kingston is
hereby authorized to collect the fine and costs of prosecution in
the manner prescribed by the laws of the Commonwealth in respect of
actions commenced by a municipality before a District Magistrate.
Each violation of this Part, and each day the same is continued, shall
be deemed as a separate offense.
[Adoptedx Ord. 2007-2, 12/12/2007, § 14]
The fee schedule for issuance of certificates of occupancy shall
be as follows, upon the effective date hereof, subject to subsequent
amendment by the ordinance(s) of the Township of Kingston:
